Legal Question in Credit and Debt Law in Kansas

collection

Recently contacted on a loan my wife took in 1996 in Kansas they have provided no proof of account and the statues of limitations have expired they are now threatening to sue for account they contacted in early march and stated that they were accquiring the documents. After several months we were contacted again. This was a co signed loan and they have violated the privacy act by talking to a third persons who is in no way related to said loan what are my options??


Asked on 8/03/06, 10:03 am

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: collection

The first option is to settle the account with them. If the money is owed, that obligation should be honored regaardless of the statute of limitations (which does not stop them from suing you). They should certainly provide documentation for the amount owed, and agree (in writing) to not report it negatively and that the paymet is full satisfaction of the debt. As for a violation of the "privacy act" you provided no details so we can't speculate. If you are simply looking for a way to avoid paying debts, you can ignore them or given them written notice to stop contacting you (if they are an outside collector), or file for bankruptcy. They should follow any applicable laws and regulations, and for all we know they are, but it usually starts with a decision to pay or not pay one's debts.

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Answered on 8/03/06, 10:15 am


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